Case Information
*1 The Honorable Bill Presnal opinion NO. H-761 Chairman House Appropriations Committee
Re: Tuition exemptions Howe of Representatives for World War II veterans. P. 0. Box 2910
Austin, Texas 70767
Dear Chairman Preenal:
You have requested our opinion on a number of questions regarding the eligibility of World War II veterans for tuition exemption at state institutions of higher education, pursuant to section 54.203 of the Education Code. Specifi- cally, you ask:
1. Whether there is a minimum require- ment for time served in the military during World War II for eligibility the tuition exemption. for 2. What constitutes 'service' in armed forces during World War II. the 3. Whether a personal request for ._. . _. release from military SerViCs during World War II constitutes a basis for disqualification from tuition exemp- tion eligibility regardless of the time served prior to the request for release.
4. Whether a veteran must have been eligible for or received G.I. educa- tional benefits from the federal government in order to be eligible for the tuition exemption.
The Honorable Bill Presnal - page 2 (H-761)
Section 54.203 of the Education Code provides that the governing board of each institution of higher education shall exempt certain persons from payment of tuition and other fees, provided such persons were "citizens of Texas at the time they entered the services indicated and have resided in Texas for at least the period of 12 months before the date of registration." .The"category of exempt persons pertinent to this inquiry includes
all nurses, members of the Women's Corps, members of Army Auxiliary the Women's Auxiliary Volunteer
Emergency Service, and all honorably discharged members of the armed
forces of the United States who
served during World War II except those who were discharged from
service because they were over the age of 38 or because of a personal request on the part of the person that he be discharged from service. . . .
Sec. 54.203(a) (2). As to your first question, it is clear that the statute does not establish a minimum requirement for time served during World War II. Subject to two exceptions, it provides for tuition exemption to all "who served during World War II. . . ." (Emphasis added). In contrast, a subsequent portion the statute requires a minimum of 160 days service in order for any post-Korean War veteran to qualify for the exemption. Sec. 54.203W (4). Since the statute thus fixes a minimum length-of-service requirement for certain veterans but not for others, we believe it is to conclude reasonable that the Legislature did not intend such a requirement to apply to the latter group.
We are supported in this conclusion by Attorney General Opinion O-7316 (1946), wherein this Office was asked whether an honorably discharged veteran with less than 90 days service was eligible for the tuition exemption provided by article 2654b-1, V.T.C.S., the predecessor of section 54.203. It was there said:
po 3215 *3 . The Honorable Bill Presnal - page 3 (H-761)
State legislation hereinabove quoted which confers educational benefits on veterans of World War, II makes no requirement as to term ~of service the veterans must,have served in the armed forces before he shall be entitled,to the benefito~,~~~ conferred upon him therein. Article ~,, 2654b-1 as amended, states insub- stance that the benefits provided ,,' ,, therein shall apply and accrue to all members the United States Armed Forces provided that such persons have 'been honorab,ly dis- charged from the service and were ,not discharged because of being over the age of 38 years or because of a personal request on the part of such person to be discharged from such service.
It is therefore our op'inion that there is no minimumrequire- ment for time served in the military during World War II in order for an individual to qualify for the tuition provided by section 54.203 of the Education Code.
YOU also ask what constitutes "service" in the armed forces during World War II. Although there appear to be ,only two reported cases which have addressed thia question, they are in agreement that a ,person is "in military service" from the time he is sworn in.
'Life Ins. Co. 44 A 2d 907 ,(N ,+%?$?%&::";::::':;;5) md- A;2d 2 (N:J. Sup. 194;); Dew v- Davis, 222 P. 756 (Wan. Sup. 1924). Accordingly, it Four aon that our courts would probably hold that a person has "served" in the armed forces during World War II for purposes of sect'ion 54.203, if he was a member thereof for any length of time, beginning at the moment he was sworn in.
_.- ,-,., ’ The Honorable Bill Presnal - page 4 (H-761)
Your third question inquires about the disqualification from tuition exemption which section 54.203 makes applicable to persons who were discharged as a result of their own personal request. The statute provides in clear terms that such persons are disqualified, and it makes no exception on the basis of their length prior service. As the court
[Wle are 'dealing with restrictions and conditions imposed by the very which creates the right, statute and those reatrictiona and conditions
may not be relaxed or modified to avoid what may appear to be too strict or narrow a rule in a partic-
ular case. See also Chambers v. Robison, 179 S.W. 123, 124 (Tex. Sup. n15); cf. AttorneyGmOpinion O-7021 (1946). We are thereforeof the opinion that a discharge from service in satisfaction of a personal request for release from military service during World War II constitutes a basis for disqual- ification from tuition exemption eligibility,~ regardless of the time served prior to the request for release.
Finally, you ask whether a veteran must have been eligible for or received G.I. educational benefits from the federal government in order to be eligible for the tuition exemption. Subsection (d) of section 54.203 provides:
The exemption from fees provided for in Subsection (a) of this section does not apply to a person if at the time of his registration he is eligible for educational benefits under federal legislation in effect at the time of his registration. A person is covered by the exemptions if his right to benefits under federal legislation is extinguished at the time of his registration. *5 .,,,,,.,_.,.. ~._~. ..~ -,,. ~ ,-_.. ..--.~.~- .-.-..,,.---..,.,... - .
The Honorable Bill Presnal - page 5~ (H-761) The statute does not require that a person have ever been eligible for G.I. benefits in order to qualify for the tuition exemption. Although it specifically declares to be eligible a person whose "right to benefits under federal legislation is extinguished at the time of his registration," we do not believe the implication to be that persons who were never eligible for federal benefits are not covered by the exemption. (Emphasis added). See Attorney General Opinion V-688 (1948). Accordingly,If is our opinion that a veteran need not have been eligible for nor received G.I. benefits from the federal government in order to qualify for the tuition exemption of section 54.203.
SUMMARY There is no minimum requirement for time served in the military during World War II in order for an individual to qualify for the tuition exemption provided by section 54.203 of the Education Code. A discharge in satis- faction of a personal request for release from military service during World War II constitutes a basis for disqualification from tuition exemption eligibility under section 54.203, regardless of the time served prior to the request for release. A veteran need not have been eligible for or received G.I. educational benefits from the federal government in order to qualify for the tuition exemption of section 54.203. -Very truly yours, Attorney ~General of Texas *6 The Honorable Bill Preanal - page 6 (~-761)
APPROVED :
Opinion Comn littee
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